Rights of access

Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by Exfarmer, Sep 27, 2018.

  1. Exfarmer

    Exfarmer Member

    Location:
    Bury St Edmunds
    a farm was split in 2 in the 1980’s in the process a right of way was granted to the owner of field A allowing access to one end of this very long field across a strip of land owned by B but bordering neighbour C.
    This field A already has access to highway from the other end so it is not critical.
    The owner of B then purchased field A ten years later so he owns both fields, access and right of way.
    Does this extinguish said right of way?
    Later he sold the strip of land which the ROW passes over to the neighbour C.
    A new owner of Fields A and B ( excluding the small strip sold to the neighbour) may be trying to reestablish rights over said strip.
    At no point in the sale was mention made of ROW but research shows it up on the LR as having been granted at one time

    Yes I know proper advice should be sought and is, I was just interested in any views here, and no moral ones either please.
     
  2. chaffcutter

    chaffcutter Moderator

    Location:
    S. Staffs
    I would say that it depends on the wording of the original RoW as to whom it was granted, assuming that it has not been legally rescinded.

    If it was still in existence when the sale to C took place it would be referred to in the Land Registry copy, but may not be detailed as that would be in the original document. Need a solicitor to follow this trail I think.
     
  3. marcot

    marcot Member

    Location:
    Bury St Edmunds
    To be honest my eyes glazed over after the first paragraph and I gave up
     
    Flat 10 likes this.
  4. tommyurray

    tommyurray Member

    I’d have to agree with you if it was to a specific person it is probably dead if it was attached to the land probably live.
    This is why you should take out legal insurance because the cost of fighting it may put you off defending your rights
     
  5. dannewhouse

    dannewhouse Member

    Location:
    huddersfield
    he could have had the right of way removed from the deeds when he owned both parcel A and B, in which case it should be gone.

    should all have been detailed in the deeds at the time of sale.
    (could be due some money back if it was sold as free but turns out it has a right of access across it?)

    be careful with legal insurance, even some of the "better" companies review your case and then say we aren't going to take it on as we think you have less than a 50% chance of winning! (might as well be no win no fee if they pick and choose their cases!)
     
  6. renewablejohn

    renewablejohn Member

    Location:
    lancs
    Unless you can prove it has been extinguished then it will still exist. I have one from an enclosure act, Its in both neighbors deeds as a ROW and yet they still insist I have no ROW and have installed an electronic gate to stop us using it.
     

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